Karnataka High Court
Nitte University (Deemed University) vs Union Of India on 9 January, 2013
Bench: N.Kumar, B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF JANUARY 2013
PRESENT
THE HON'BLE MR. JUSTICE N.KUMAR
AND
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
W.P. NOs.42171-172/2012 (EDN-MED-ADM)
BETWEEN
1.Nitte University(Deemed University)
6th Floor, University Enclave,
Medical Sciences Complex,
Deralakatte, Mangalore-575018
Karnataka, Represented by its Registrar,
Dr.Alka Kulkarni, 50 years
D/o.late Mr.Narayan Kulkarni
2.A.B.Shetty Memorial Institute of Dental Sciences
Medical Sciences Complex,
P.O.Nityanandanagar,
Deralakatte, Mangalore-575018
Represented by its Principal and Dean
Dr.Rajendra Prasad, 58 years
S/o.Late Thimanna Bhat
3.Dr.Alka Kulkarni, 50 years
D/o.late Mr.Narayan Kulkarni
Registrar-Nitte University,
Nitte University,
6th Floor, University Enclave,
Medical Sciences Complex,
Deralakatte, Mangalore-575018 ... PETITIONERS
(By Sri.K.Shashikiran Shetty, Advocate)
2
AND
1. Union Of India
Represented by its Secretary (Medical Education)
Ministry Of Health & Family Welfare
Nirman Bhavan
New Delhi-110 011
2. State Of Karnataka
Department Of Medical Education
Vidhana Soudha, Bangalore-560001
Represented by its Principal Secretary
3. The Dental Council Of India
Aiwan-E-Galib Marg,
Kotla Road, Temple Lane,
New Delhi-110002
Represented by its
Officiating Secretary. ... RESPONDENTS
(By Sri.Kalyan Basavaraj, ASG for R-1;
Sri.D.A.Lakshminarayanappa, CGSC for R-1;
Smt.S.Susheela, AGA for R-2; Sri.Zulfikir Kumar Shafi,
Advocate for R-3)
-0-0-0-0-
These writ petitions are filed under Articles 226 and
227 of the Constitution of India praying to quash the
Notification dt.31.5.12, issued by the third respondent-
Dental Council of India in exercise of power under Section
20 of the Dental Council of India Act, 1948 amending the
revised BDS Course Regulations 2007, vide Annexure-A
etc.
3
These writ petitions coming on for orders this day, N.
Kumar.J., made the following:
ORDER
The Apex Court in the Transferred Case (Civil) No.101 of 2012 of A.P. PRIVATE MEDICAL & DENTAL COLLEGE v. DR.N.T.R. UNIVERSITY OF HEALTH SCIENCES & ANR. and connected cases, on 13.12.2012 has passed the following order:
"In all these matters, which are before us, the main question which has been urged is with regard to the applicability of the decision by the Medical Council of India to conduct National Eligibility and Entrance Test for both M.B.B.S. and Post-Graduate Courses for Medicine. In addition to the above, there is also the question of admission into B.D.S. and M.D.S. Examinations.
Having heard learned counsel representing different parties, while we are of the view that the main matters which are pending need to be heard and decided at an early stage, the time taken in hearing the matters should be utilised in allowing the students to sit for their respective 4 examinations, which are already notified. Accordingly, let all the transferred cases, as well as the writ petitions, be listed for final hearing and disposal, irrespective of other part-heard or specially fixed matters on 15th, 16th and 17th January, 2013.
In all the matters where transfer has not yet been completed, those transfer petitions shall stand allowed and all the petitions, pending in the various courts, should be transferred to this Court by 15th January, 2013, and be treated as Transferred cases and be listed along with these Transferred cases and the writ petitions.
In the meantime, the Medical Council of India, the Dental Council of India, as well as the States and Universities and other Institutions, will be entitled to conduct their respective examinations for the M.B.B.S, B.D.S. and Post- Graduate courses, but shall not declare the results of the same, until further orders of this Court.
Learned counsel for the respective parties are all directed to make available their written submissions by 7th January, 2013.5
Let copies of this Order be made available to the advocates on-record for the respective parties for communication to the concerned Authorities.
Wide publicity may also be given to this Order by the States, Union of India, Medical Council of India and the Dental Council of India so that the students, who are intending to sit for the entrance examination, may have knowledge of the same."
2. In view of the aforesaid order, the Registry of this Court is directed to transfer these writ petitions forthwith to the Apex Court.
3. Accordingly, the writ petitions are disposed of.
SD/-
JUDGE Sd/-
JUDGE *alb/-.